The Legal Vacuum in United Nations Peacekeeping Missions: The Contribution of  the ‘Effective Control’ Test to State Accountability in Peacekeeping

United Nations peacekeeping missions are increasingly criticised for their failures to protect civilians and even for human rights abuses by peacekeepers. The victims of this misconduct have been trying to get reparation in court by holding the UN legally accountable. However, with the UN being protected by its immunity, they have started turning to the State as an alternative legal avenue. The academic debate has followed this turn of events by asking if and how a troop-contributing country (TCC) should be held accountable in court. Scholars are arguing in favour of applying the ‘effective control’ test to reach attribution to the State. This thesis will, therefore, aim to answer the question: In what ways can the ‘effective control’ test contribute to State accountability in peacekeeping? It will do so by applying a qualitative, legal doctrinal approach to a case study: the fall of Srebrenica (1995). The Srebrenica cases (2008-2019), which ensued from this instance of peacekeeping...Show moreUnited Nations peacekeeping missions are increasingly criticised for their failures to protect civilians and even for human rights abuses by peacekeepers. The victims of this misconduct have been trying to get reparation in court by holding the UN legally accountable. However, with the UN being protected by its immunity, they have started turning to the State as an alternative legal avenue. The academic debate has followed this turn of events by asking if and how a troop-contributing country (TCC) should be held accountable in court. Scholars are arguing in favour of applying the ‘effective control’ test to reach attribution to the State. This thesis will, therefore, aim to answer the question: In what ways can the ‘effective control’ test contribute to State accountability in peacekeeping? It will do so by applying a qualitative, legal doctrinal approach to a case study: the fall of Srebrenica (1995). The Srebrenica cases (2008-2019), which ensued from this instance of peacekeeping failure, provide insights into the contribution of the ‘effective control’ test to peacekeeping accountability. This thesis will conclude that the ‘effective control’ test according to the preventive interpretation, based on Article 7 ARIO, allows for a wide attribution to the State and thus State accountability in peacekeeping.Show less

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The Legal Vacuum in United Nations Peacekeeping Missions: The Contribution of the ‘Effective Control’ Test to State Accountability in Peacekeeping